ARCHANA JAIN Vs. C.S. AGGARWAL

JUDGEMENT

(1.) This order of mine shall dispose of two Civil Revision Petitions bearing Nos.6125 of 2014 filed on behalf of petitioner-defendants No.2 and 3 and 6102 of 2014 on behalf of petitioner-defendants No.4 to 11 for rejection of the suit bearing No.338 of 2012 (hereinafter referred to as "second suit") titled as "C.S.Aggarwal and others vs. D.K.Jain and others" claiming specific performance of the agreement to sell dtd. 5/2/2007 and lease agreement dtd. 30/11/2006.

(2.) It was alleged that respondent-plaintiff no.2 alongwith respondent no.12 filed a civil suit no.74 dtd. 20/1/2010 (hereinafter referred to as "first suit") against defendant no.1- D.K.Jain claiming the permanent injunction on the basis of lease agreement dtd. 30/11/2006.

(3.) In the aforementioned suit, injunction was sought by the plaintiffs, namely, Anjali Bhardwaj and Rockman Projects Limited against the defendants against dispossession in respect of suit land referred to in paragraphs 6 and 7 of the plaint of 2010 on the premise that the plaintiffs in first suit decided to undertake project for development, operation and maintenance of a Special Economic Zone (SEZ) and in this regard, sought the approval of the Govt. by submitting an application dtd. 14/7/2006. Vide letter dtd. 22/8/2006, the Govt. of India granted the approval which was initially valid for a period of one year. Defendants no.2 to 11 (in first suit) entered into lease agreement dtd. 30/11/2006 for taking lease of several parcels of land forming one single chunk containing an aggregate area of 267 acres approximately described in Annexure A to Annexure J alongwith an agreement to sell dtd. 5/2/2007 containing the various terms and conditions.